Squadron Leader Priyanka Set to Rejoin IAF After 13 Years Following Supreme Court Ruling

The Supreme Court has directed the Indian Air Force to take back former Short Service Commissioned officer Squadron Leader Priyanka Saxena, a war widow who had left the service nearly 13 years ago. The Court exercised its special powers under Article 142 of the Constitution to grant relief considering the exceptional circumstances surrounding her case.

A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana allowed Saxena’s appeal against orders passed by the Armed Forces Tribunal, Principal Bench, New Delhi, in May 2023 and July 2024. While granting her reinstatement, the Supreme Court clarified that the decision was based on the peculiar facts of her case and would not serve as a precedent for other matters.

Priyanka Saxena was commissioned into the Indian Air Force in 2003 as a Short Service Commissioned officer in the Logistics Branch. After completing ten years of service, she was released from the IAF in December 2013. At the time, she did not seek an extension of service or Permanent Commission because of family responsibilities, including supporting her husband’s demanding career as a fighter pilot and caring for their child.

Her life changed dramatically on December 24, 2021, when her husband, Wing Commander Harshit Sinha of 51 Squadron, Srinagar, was killed in a MiG-21 Bison crash near Jaisalmer Airfield. The couple had two minor daughters.

Following her husband’s death, Saxena sought an opportunity to return to the Air Force, pointing to the ten years she had already served as a commissioned officer. Her request was rejected, with one of the obstacles being the maximum age of 35 years prescribed under the applicable policy governing the induction of war widows.

The matter subsequently reached the Armed Forces Tribunal. The Tribunal asked the government to consider whether a policy could be formulated for former women Short Service Commissioned officers who leave the armed forces and subsequently become widows of serving military personnel. However, Saxena did not receive the individual relief she had sought, prompting her to approach the Supreme Court.

The Supreme Court noted an unusual gap in the existing framework. While policies provide certain concessions and opportunities to war widows, they did not adequately address a situation involving a woman who was herself a trained and experienced former military officer before becoming a war widow.

The Court observed that Saxena’s previous decade of commissioned service deserved appropriate consideration. Unlike candidates entering the armed forces as war widows primarily on the basis of their educational qualifications, she had already undergone military training and served as an Air Force officer for ten years.

The bench also took note of the service rendered by her late husband and the circumstances in which Saxena sought to return to uniform. Exercising its powers under Article 142 to ensure complete justice, the Court fashioned a special arrangement for her re-entry into the IAF.

Under the directions, Saxena will first undergo one year of refresher training with the next applicable course. During this period, she will be governed by the rules applicable to trainees and will also have to meet the required medical standards.

After successfully completing the refresher course and satisfying the medical requirements, she will be reinstated in the rank of Squadron Leader. Her previous ten years of service will be recognised, allowing her to resume her career from the 11th year of service rather than beginning afresh.

She will continue as a Short Service Commissioned officer and will be entitled to a four-year extension in accordance with the applicable rules. Her inter-se seniority will be determined alongside her current peer group.

The Supreme Court further directed that Saxena should be considered for Permanent Commission as well as future promotion in accordance with the policies governing the peer group with which her seniority is fixed.

At the same time, the bench carefully limited the wider implications of its decision. It stated that the relief had been granted because of the distinctive circumstances of Saxena’s case and the manner in which she had been compelled to seek judicial intervention for reinstatement. The order is therefore to be treated as an individual case rather than a general precedent.

Saxena was represented before the Court by Advocate Abhishek Ritabh Shukla.

The ruling brings an important phase of her legal battle to an end, almost five years after the death of her husband and nearly 13 years after she originally left the Indian Air Force. Her return to active service will now depend on successful completion of the prescribed refresher training and fulfilment of the IAF’s medical requirements.